Statutory Issues Related to Investigations
Court Orders
Section 3121. General Prohibition On Pen Register And Trap And Trace Device Use; Exception

Section 3123. Issuance Of An Order For A Pen Register Or A Trap And Trace Device

Section 1073: The Foreign Intelligence Surveillance Act (FISA) -- 50 U.S.C. § 1809

Where no exception to the Pen\/Trap statute exists, law enforcement and counterintelligence agents must generally obtain court orders. The legal standard for obtaining a pen\/trap order is a fairly low one. Consult the statute for details, but also ensure you follow your Service or Agency guidelines. In some cases those guidelines elevate the legal standard otherwise required by law.

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